Employees who file for Social Security disability benefits, alleging they are totally disabled, sometimes have ADA cases pending.
If you discover that’s the case, scour your files for evidence of contradictory claims. You may be able to get the ADA lawsuit dismissed.
Recent case: When Kimberly LaGatta was terminated, she claimed the reason was that she suffered bouts of depression, a condition she said did not interfere with her ability to do her job.
She sued, alleging disability discrimination. She also applied for and got Social Security disability benefits after claiming she was totally disabled.
The court tossed out her ADA case because it didn’t believe that LaGatta could, as she claimed, do her job without accommodations and then a few days later become so disabled she couldn’t work at all. (LaGatta v. Pennsylvania Cyber Charter School, No. 08-1268, WD PA, 2011)